Facts of law....More points to consider.greenspun.com : LUSENET : TB2K spinoff uncensored : One Thread
Since l984, the Save-A-Patriot Fellowship of Westminster, Maryland has offered a $10,000 Cash Reward to ANYONE who can disprove the following statements of FACT and LAW. To date, NO ONE - not a single accountant, CPA, tax attorney, politician, college professor or student, judge or IRS official has been able to prove either the facts or the central thesis of this information wrong and the reward still stands. Perhaps YOUR tax preparer is up to the challenge!
We have conclusive proof that the following FACTS are correct.
That is why we can say -- American Citizens and permanent resident aliens, living and working within the States of the Union ARE NOT SUBJECT to the filing of an IRS Form 1040 and ARE NOT LIABLE for the payment of a tax on "income". For years, the Internal Revenue Service has RULED the American people in a manner equal only to the Soviet KGB. FEAR, bluff and deception have been the IRS's major weapons. Americans have been led to believe that they owe an income tax on their earnings; that it is their "patriotic duty" to pay it and that there is no alternative to the IRS's abuse. NOTHING COULD BE FURTHER FROM THE TRUTH !
Samuel Adams, the Father of the American Revolution, cultivated and nurtured the theory of the English philosopher, John Locke, that mankind needed no godlike mortal rulers to care for his every need. Locke and Adams believed that the common man was perfectly capable of ruling himself, was entitled to his property, and that property could only be taxed by government to pay for the legitimate cast of government functions -- the protection of life and property.
"If men, through fear, fraud, or mistake, should in terms renounce or give up any natural RIGHT, the eternal law of reason and the grand end of society would absolutely VACATE such renunciation. The right to FREEDOM being the gift of Almighty God, it is not in the power of man to ALIENATE this gift and VOLUNTARILY become a SLAVE." (emphasis added).
FACT #1: Our Founding Fathers created a constitutional REPUBLIC as our form of government - not a democracy. The Constitution gives the federal/national government LIMITED powers. All powers not delegated to the United States are reserved to the States respectively or to the People. The Union was created to be the SERVANT of the People. The United States Constitution is the SUPREME LAW of the land. Article VI, Clause 2, (abbreviatedA6C2)
FACT #2: The Constitution gives the Congress the power to lay and collect taxes to pay the debts of the government, provide for the common defense and general welfare of the United States, subject to the following rules pertaining only to the two classes of taxation permitted:
1. DIRECT TAXES which are subject to the rule of apportionment among the STATES of the Union;
"Representatives and direct tares shall be apportioned among the several states ... " Article I, Section 2, Clause 3 (A1S2C3), and, "No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken" Article I, Section 9, Clause 4 (A1S9C4), and
2. INDIRECT TAXES - imposts duties and excises, subject to the rule of UNIFORMITY.
"The Congress shall have power to lay and collect tares, duties, imposts, and excises, to pay for the common defense and general welfare of the United States; but all duties, imposts, and excises shall be uniform throughout the United States." (A1S8C1)
FACT #3: The government is not allowed by either one of the TWO CLASSIFICATIONS to tax CITIZENS or PERMANENT RESIDENT ALIENS of the United States of America, DIRECTLY. The intent of the Founders was to keep the government the servant and to prevent it from becoming the MASTER. (see A1S2C3)
FACT #4: The CENSUS is taken every ten (10) years to determine the number of representatives to be allotted to each State and the amount of a DIRECT TAX that may be apportioned to each State determined by the percentage its number of representatives bears to the total membership in the House of Representatives. (see A1S2C4 and AIS9C4 )
FACT #5: It was established in the Constitutional Convention of 1787 that the Supreme Court of the United States would have the power of "judicial review"; i.e., the power to declare laws passed by the U.S Congress to be NULL and VOID if such a law or laws was/were in violation of the Constitution, to be determined from the original intent as found in Madison's Notes recorded during the Convention, the Federalist Papers, and the ratifying conventions found in Elliott's Debates.
FACT #6: Due to the characteristics of the SECOND CLASSIFICATION of taxation, the Supreme Court called it an indirect tax, and it is divided into three distinct taxes: IMPOSTS, DUTIES and EXCISES. These taxes were intended to provide for the operating expenses of the government of the United States. (A1S8C1)
FACT #7: DUTIES and IMPOSTS are taxes laid by government on things imported into the country from abroad, and are paid at ports of entry.
FACT #8: The Supreme Court says that excises are:
"... taxes laid upon the manufacture, sale or consumption of commodities within the country, upon licenses to pursue certain occupations and upon corporate privileges. " (see Flint v. Stone Tracy Co.,200 US 107 ).
FACT #9: In 1862, Congress passed an Act (law) to create an "Income Duty" to help pay for the war between the States. A DUTY is an indirect tax which the federal government cannot impose on citizens or residents of a State having sources of income within a State of the Union.
FACT #10: Congress passed and Act in 1894 to impose a tax on the incomes of citizens and resident aliens of the United States. The CONSTITUTIONALITY of the Act was was challenged in 1895 and the Supreme Court said that the law was UNCONSTITUTIONAL because it was a DIRECT TAX that was not apportioned as the Constitution required. (see Pollock v. Farmer's Loan & Trust Co., 157 US 429 )
FACT #11: In 1909, Congress passed the 16th Amendment to the Constitution that was allegedly ratified by 3/4 of the States (notably, Connecticut, the CONSTITUTION STATE, DID NOT RATIFY IT and many of the others may not have either); it is known as the "Income Tax Amendment":
"The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration." Amendment 16 to the United States Constitution.
Interestingly the Federal Reserve was created in secrecy at about the same time by the same behind the scenes players...
FACT #12: Some officials within the IRS, along with professors, teachers, politicians and some judges, have said and are saying, that the 16th Amendment CHANGED the U.S. Constitution to allow a DIRECT tax without apportionment.
FACT #13: The above persons ARE NOT EMPOWERED to interpret the meaning of the United States Constitution! As stated above (FACT #5), this power is granted by the Constitution to the Supreme Court, but limited to the ORIGINAL INTENT. The Supreme Court has no power to function as a "social engineer" to amend or alter the Constitution as they have been doing. A change or "amendment" can only be lawfully done according to the provisions of Article 5 of that document.
FACT #14: The U.S. Supreme Court said in 1916 that the 16th Amendment DID NOT change the U.S. Constitution because of the FACT that Article 1, Section 2, Clause 3 and Article 1, Section 9, Clause 4, WERE NOT REPEALED or altered; the U.S. Constitution cannot conflict with itself. The Court also said that the 16th Amendment merely PREVENTED the "income duty" from being taken out of the category of INDIRECT taxation. (see Brushaber v. Union Pacific R.R. Co., 240 US ).
FACT #15: After the Supreme Court decision, the office of the commissioner of the Internal Revenue issued Treasury Decision [Order] 2313 (dated March 21, 1916; Vol. 18 January-December, 1916, p. 53.) It states in part:
"... it is hereby held that income accruing to non-resident aliens in the form of interest from the bonds and dividends on the stock of domestic corporations is subject to the income tax imposed by the act of October 3, 1913."
FACT #16: In another Supreme Court decision in 1916, the Court, in CLEAR LANGUAGE settled the application of the 16th Amendment;
" ... by the previous ruling [Brushaber] it was settled that the provisions of the Sixteenth Amendment CONFERRED NO NEW POWER OF TAXATION but simply prohibited the complete and plenary [full] power of income taxation possessed by Congress from the beginning from being taken out of the category of indirect taxation to which It inherently belonged ... " (see Stanton v. Baltic Mining Co., 240 US 112 ).
FACT #17: The United States Constitution gives the national government the exclusive authority to handle foreign affairs. Congress has the power to pass laws concerning the direct or indirect taxation of foreigners doing business in the U.S. of A. It has possessed this power from the beginning, needing no "amendment" (change) to the U.S. Constitution to authorize the exercise of it.
FACT #18: The DIRECT classification of taxation was intended for use when unforeseen expenses or emergencies arise. Congress, needing funds to meet the emergency, can borrow money on the credit of the United States (A1S8C2). The Founding Fathers intended that the budget of the United States be BALANCED and that a deficit be paid off quickly and in an orderly fashion. Through a DIRECT tax, the tax bill is given to the States of the Union. The bill is "apportioned" by the number of Representatives of each State in Congress; therefore, each State is billed its apportioned share of the DIRECT tax equal to the number of votes its Representatives could employ to pass the tax. How the States raise the money to pay the bill is not a federal concern. (see A1S2C3)
FACT #19: In the Brushaber and Stanton cases, the Supreme Court said the 16th Amendment DID NOT change income taxes to another classification. So if the income tax is an indirect excise tax, then how is it applied and collected? According to the Supreme Court:
"Excises are taxes laid upon the manufacture, sale or consumption of commodities within the country, upon licenses to pursue certain occupations and upon corporate privileges; the requirement to pay such tares involves the exercise of the privilege and if business is not done in the manner described no tax is payable... it is the privilege which is the subject of the tax and not the mere buying, selling or handling of goods. " (see Flint v. Stone Tracy Co., 200 US 107 ). QUESTION: If all RIGHTS come from GOD (citizens of the States retained all rights except those surrendered as enumerated in the United States Constitution), and PRIVILEGES are granted by GOVERNMENT after application; then what is the PRIVILEGE that the "income tax" is applied against? ANSWER: As established in the U.S. Constitution, the federal government cannot DIRECTLY TAX a citizen living within the States of the Union. Citizens possess RIGHTS; these RIGHTS cannot be converted to PRIVILEGES by government. The ONLY individuals who WOULD NOT HAVE these RIGHTS and would be liable to regulation by government are NONRESIDENT ALIENS DOING BUSINESS and working within the United States or receiving domestic source profits from investments, and United States citizens working in a FOREIGN COUNTRY and taxable under TREATIES between the two governments.
FACT #20: WITHHOLDING AGENTS withhold income taxes. The only section in the Internal Revenue Code that defines this authority is section 7701(a)(16).
FACT #21: Withholding of money for income tax purposes, according to section 7701(a)(16), is only authorized for sections:
1441 - NONRESIDENT ALIENS; 1442 - FOREIGN CORPORATIONS; 1443 - FOREIGN TAX-EXEMPT ORGANIZATIONS; 1461 - WITHHOLDING AGENT LIABLE FOR WITHHELD TAX.
FACT #22: Internal Revenue Manual Chapter 1100 Organization and Staffing, section 1132.75 states:
"The Criminal Investigation Division enforces the criminal statutes applicable to income, estate, gift, employment, and excise tax laws involving UNITED STATES CITIZENS RESIDING IN FOREIGN COUNTRIES and nonresident aliens subject to Federal income tax filing requirements.. " (emphasis added)
FACT #23: The implementation of IRS Treasury Regulation 1.1441-5 is explained in Publication 515 on page 2:
"If an individual gives you [the domestic employer or withholding agent] a WRITTEN STATEMENT in duplicate, staring that he or she is a CITIZEN or RESIDENT of the United States, and you do not know otherwise, you may ACCEPT this statement and are RELIEVED from the duty of WITHHOLDING the tax." NOTE: Call the IRS at 1-800-TAX-FORM for a "free" copy of Publication 515.
FACT #24: the ONLY way a United States citizen or permanent resident alien, living and working within a State of the Union, can have taxes deducted from his/her pay, is by voluntarily making an application (Form SS-5) to obtain a Social Security Number, and then entering that number on an IRS Form W-4 and signing it to permit withholding of "Employment Taxes" -- "Form W-4 Employee's Withholding Allowance Certificate". that is why the IRS pressures children to apply for a Social Security Number, and for employers to obtain the voluntary execution of Form W-4 immediately from all those being hired. However, no federal law or regulation requires workers to have a Social Security Number or sign a W-4 to qualify for a job.
FACT #25: Karl Marx wrote the COMMUNIST MANIFESTO, ten planks needed to create a COMMUNIST state. The SECOND PLANK is:
"a HEAVY or PROGRESSIVE INCOME TAX, second only to the ABOLITION of PRIVATE PROPERTY."
FACT #26: The attorney who successfully challenged the Income Tax Act of 1894, Joseph H. Choate, recognized the communist hand in the shadows. He told the Supreme Court:
"The act of Congress which we are impugning [challenging as false] before you is communistic in its purposes and tendencies, and is defended here upon principles as communistic, socialistic -- what shall I call them -- populistic as ever have been addressed to any political assembly in the world."
FACT #27: The Supreme Court agreed and Mr. Justice Field wrote the Court's opinion, concluding with these prophetic words:
"Here I close my opinion. I could not say less in view of questions of such gravity that go down to the very foundations of government. If the provisions of the Constitution can be set aside by an act of Congress, where is the course if usurpation to end? The present assault upon capital is but the stepping-stone to others, larger and more sweeping, till our political contests will become a war of the poor against the rich a war growing in intensity and bitterness."
FACT #28: Internal Revenue Code (Title 26) Section 6654(e)(2)(c) states:
"... NO TAX LIABILITY ... if ... the individual was a CITIZEN or resident of the United States throughout the preceding taxable year."
"The IRS contends that success of the SELF-ASSESSMENT system depends upon "VOLUNTARY COMPLIANCE" - EVIDENTLY SO !!
NEED WE SAY MORE ?
1. All RIGHTS come from GOD;
2. The United States Government can exercise ONLY those powers given to it by "WE THE PEOPLE" through the U.S. Constitution;
3. The "INCOME TAX" is an INDIRECT TAX;
4. There is NO section of law in the Internal Code (Title 26 USC) making a CITIZEN or a RESIDENT working and living WITHIN a STATE of the UNION LIABLE to pay INCOME Revenue (indirect/excise/duty) TAX.
Tired of being CONNED and RAILROADED into paying taxes you do NOT OWE to be SQUANDERED by ARROGANT BUREAUCRATS?
You can serve your God, Family, and Country and NOT fear reprisals from bureaucrats. The EDUCATION and INSURANCE-LIKE PROTECTION provided by the Save-A-Patriot Fellowship has been a constant thorn in the side of the IRS since 1984. Come join with others who have learned to combat the true TAX CRIMINALS!
A PERSONAL INVITATION
You are invited to come join in a nationwide Fellowship with other Patriotic Americans whose only goal is to LEARN, REVIVE and PRESERVE our UNITED STATES CONSTITUTION. The Save-A-Patriot Fellowship was founded to disarm the IRS of its only actual weapon: FEAR. By standing together we can force bureaucrats back within the confines of the law ... and arrest the wild rush toward PERPETUAL DEBT and a TOTALITARIAN SOCIALISTIC GOVERNMENT IN AMERICA.
The truth is indeed stranger than popular misconception. You will learn for yourself that knowledge based upon indisputable facts and law is stronger than "F.E.A.R." (False Evidence Appearing Real).
If you or someone you know is currently experiencing challenges with the IRS (audit, notice of deficiency, lien, levy, etc.), and would like to learn how to lawfully stop the withholding of income and employment taxes in the work place, we invite you to join the Save-A-Patriot Fellowship today.
-- uncle George (firstname.lastname@example.org), July 26, 2000
BULL. The demand for $10,000 was made and these people didn't come up with it. This is old, old trash. The choice is yours, don't pay your taxes and enjoy your stay at Club Fed.
-- anon (email@example.com), July 26, 2000.
Save-A-Patriot Fellowship Fraud
-- (firstname.lastname@example.org), July 26, 2000.
The demand for $10,000 was made and these people didn't come up with it.
Oh, I'm sure they really wanted to give them the money, but they probably realized that they couldn't take it as a deduction on their Schedule A. LOL
-- (email@example.com), July 26, 2000.
Your point? I challenge you to post the text of the letter(s) you have sent to your local US Representative asking him/her to sponsor legislation to clear up this purported mess.
Flint-I did not know you were around in 1911 and had a case of yours go to the supreme court. Boy, you ARE old. LOL
-- FutureShock (firstname.lastname@example.org), July 26, 2000.